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Dimitry K., Esq., Attorney

Category: Family Law

Satisfied Customers: 38887

Experience: I provide family and divorce law advice to my clients in my firm.

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My ex-wife says i owe her back child support, and opened a

Customer Question

My ex-wife says i owe her back child support, and opened a case with child support services. I paid all the money since the case was opened with them that i owed her. But before that i paid her directly, and now see claims i owe her that money. Child support services says i dont owe her any back pay. The judge for our visitation case can't order me to pay because child support services has my case. Will the child support serivices order me to pay her money that was not enforced by the child support services?Or the judge?

If child support services already claims that you are current, it is almost certain that they will not order any additional payments. The judge goes by the CSS statements, so if they have no complaints with your payments, the judge will not either.

Simply put, no. CSS only governs payments that you owe while going through their system. They are not responsible, and have no right or ability to regulate past debt--for that your ex, if she has a valid argument (and she does not), would have to take you to small claims, but not CSS.

The judge ordered me to reply to her declaration of support history, thats were she puts all payments to CSS and prior to opening to open the case with CSS. There was a court order for support, but never enforced until she opened the case with CSS. Does this sound right or is there something i can do to go around it or delay the hearing?

Thank you for your follow-up. That does sound accurate--typically if an order was placed but not enforced, the other party does have the ability to re-open the case and ask for CSS to begin enforcement. To do that, you will have to collect all your payment stubs as proof/evidence that you were making regular payments--if you are experiencing delays, you can ask the court for a short continuance if you are waiting to get copies of your statements from bank accounts (as an example) and need more time to collect your proofs.

Yes, it absolutely should. It is unreasonable to expect that every time a routine payment is made that a notary is available. So long as her signature is on the paper, and you can show the withdrawals from your account (not required but an added proof of evidence that payments were made), then the judge will definitely permit it.

So long as the cash withdrawals were regular in terms of withdrawal and of amount (for example if you were withdrawing about $300 at or about the 15th of every month), if some of those transactions did not have a signature, then the judge can accept them as presumptive proof of payment. Otherwise the judge may disallow them as evidence of payment.

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